[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28352-28353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9741]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21192; Notice 1]


ArvinMeritor, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    ArvinMeritor Inc. (ArvinMeritor) has determined that certain 
automatic slack adjusters assembled by the petitioner in 2004 do not 
comply with S5.1.8(a) and S5.2.2(a) of 49 CFR 571.121, Federal Motor 
Vehicle Safety Standard (FMVSS) No. 121, ``Air brake systems.'' 
ArvinMeritor has filed an appropriate report pursuant to 49 CFR Part 
573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), ArvinMeritor has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of ArvinMeritor's petition is published 
under 49 U.S.C. 30118 and 30120 and does not represent any agency 
decision or other exercise of judgment concerning the merits of the 
petition.
    Affected are a total of approximately 187 automatic slack adjusters 
assembled between October 13, 2004 and December 20, 2004. S5.1.8(a) is 
applicable to trucks and buses, and S5.2.2(a) is applicable to 
trailers. Both sections are titled ``Brake adjuster,'' and both require 
that:

Wear of the service brakes shall be compensated for by means of a 
system of automatic adjustment. When inspected pursuant to S5.9, the 
adjustment of the service brakes shall be within the limits 
recommended by the vehicle manufacturer.

    ArvinMeritor states that the noncompliant automatic slack adjusters 
were assembled with housings supplied by TaeJoo Ind. Co., Ltd., and 
these housings were below the dimensional specifications. The 
petitioner states that as a result, there is interference between the 
automatic slack adjuster pawl and the housing cavity in which the pawl 
is positioned, preventing the pawl from properly engaging the actuator, 
which can result in a reduction or elimination of the automatic 
adjustment function as required by S5.1.8(a) and S5.2.2(a).

[[Page 28353]]

    ArvinMeritor believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
ArvinMeritor states that it has conducted dynamic testing of vehicles 
simulating the affected automatic slack adjusters and based on the 
results of this testing, ArvinMeritor is satisfied that the braking 
systems will still halt a vehicle within the stopping distances 
required by FMVSS No. 121. (The technical summary of brake performance 
evaluation tests can be found in the NHTSA Docket as an attachment to 
ArvinMeritor's petition.)
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments may 
be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: June 16, 2005.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: May 11, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-9741 Filed 5-16-05; 8:45 am]
BILLING CODE 4910-59-P